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FUTE OF HONG KONG
CONSTITUTIONAL DEVELOPMENT UP TO AND AFTER 1997
1. An important British requirement is to clarify the way in which
constitutional arrangements in Hong Kong should develop in the
period before 1997, particularly where the position of the
governorship is concerned. This is linked to the need to achieve
continuity beyond the period of transition, and hence to be able to
state in the agreement with the Chinese as precisely as possible
what constitutional arrangements would apply after 1997.
2. Whether dealing with the Executive and Legislative Councils, or
with the governorship, our main objective is to establish as firm a
basis as possible for continuity after 1997. The Chinese so far
refuse to include a precise description of the constitutional
machinery in the agreement or annexes, maintaining that this must
await the appearance of, and be in line with, the Basic Law. They
go further and say that arrangements up to 1997 should also be
adjusted when the Basic Law is promulgated. Their general declarations of support for "democracy" in Hong Kong are qualified
by suspicion of our intentions with regard to representative
government; by their view (in their draft exchange of notes) that
the future Chief Executive of the SAR should be appointed after
"election or consultation"; and their indications to us that they
would expect to discuss with us the appointment of senior officials
in the period shortly before 1997.
3.
There is a reasonable prospect that the Chinese may refrain
from any direct criticisms of the proposals in the draft Green Paper
as they affect EXCO and LEGCO, although they are likely to reserve
the right to regard them as experimental and to reverse them after
1997. They would however be much more suspicious of any move
towards an elected local Governor before 1997 since they would
expect HMG to keep control up to that date in order to hand the
territory over in good order, and they would rightly deduce that we
were trying to tie them down on the method of selecting the Chief
Executive after 1997.
4.
From our point of view the arquments in favour of establishing
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